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Sanchez v. Dubois, 291 Fed.Appx. 187, 2008 WL 4021485, 238 Ed. Law Rep. 582

Facts

Issue

Did the submission of a secondary violation report to the NCAA violate Sanchez's liberty interest in his good name and reputation?

Whether the submission of a secondary violation report to the NCAA violated Sanchez's liberty interest in his good name and reputation.

Rule

A public employee has a liberty interest in their good name and reputation, which is protected under the Fourteenth Amendment. To establish a violation of this interest, the employee must demonstrate that false statements impugning their reputation were made in the course of their termination, that these statements were published, and that they foreclosed other employment opportunities. All elements must be satisfied to show a deprivation of liberty interest.

Analysis

In this case, Sanchez could not demonstrate that the statements made in the secondary violation report were published, as they were confidential and not disclosed to the public. Although a summary of the report was available, it did not include Sanchez's name, and thus could not be considered a publication that would infringe upon his liberty interest. The court concluded that without publication, Sanchez's claim could not succeed.

Sanchez fails to state a claim because he cannot demonstrate that the statements made to the NCAA were published.

Conclusion

The court affirmed the district court's ruling, holding that Sanchez's liberty interest was not violated because the secondary violation report was confidential and not published.

For the foregoing reasons, this court affirms the judgment of the district court.

Who won?

The University of Wyoming and its officials prevailed in this case because the court found that Sanchez could not establish a violation of his constitutional rights. The court determined that the secondary violation report submitted to the NCAA did not constitute a publication that would infringe upon Sanchez's liberty interest in his good name and reputation. As a result, the defendants were entitled to qualified immunity.

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